PEN November Exam + Answers
The following questions are:
PEN3701
October/November 2022
Look at the famous quotes about restorative justice below and answer all the questions that follow.
There are different kinds of justice. Retributive justice is largely Western. The African
underst...
Look at the famous quotes about restorative justice below and answer all the
questions that follow.
There are different kinds of justice. Retributive justice is largely Western. The African
understanding is far more restorative - not so much to punish as to redress or restore
a balance that has been knocked askew.
– Desmond Tutu
QUESTION 1
Is justice essentially retributive or restorative? Justify your answer by providing reasons for
your position or argument.
[16]
QUESTION 2
What is your understanding of the African philosophy of ubuntu in the context of restorative
justice?
[10]
Crime is a violation of people and relationships. It creates obligations to make things
right. Justice involves the victim, the offender and the community in a search for
solutions which promote repair, reconciliation and reassurance.
– Howard Zehr
QUESTION 3
Howard Zehr (1990) views his understanding of restorative justice above through what he
calls
the “restorative lens”. In other words, restorative justice seeks to provide an
alternate
framework or lens for thinking about crime and justice. Describe five (5) key principles or
actions of this restorative lens or philosophy.
[10]
QUESTION 4
Describe what the benefits of restorative justice will be for each of the following role players:
4.1 Victims (9)
4.2 Offenders (9)
4.3 Communities (4)
[22]
QUESTION 5
Restorative justice is a process involving the primary stakeholders (victim, offender and
community) in determining how best to repair the harm caused by crime. Only when all three
sets of primary stakeholders are actively involved is a process "fully restorative”. Discuss
the
following restorative justice programmes that are "fully restorative” according to Zehr’s
restorative continuum:
5.1 Sentencing circles (12)
, 5.2 Restorative conferencing (12)
[24]
Restorative justice says "No, the offense affected a relationship" and what you are
seeking for is to restore the relationship, to heal the relationship.
– Desmond Tutu
QUESTION 6
Describe the restoration of relationships as a principle of restorative justice in corrections.
[8]
QUESTION 7
Restorative justice can help heal relationships broken by crime. To what extent do you agree
or disagree with this statement?
[10]
TOTAL: 100 MARKS
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